House of Representatives

Explanatory Memorandum

(Circulated by authority of the Assistant Minister for Regional Development and Territories, The Hon Nola Marino MP)

NOTES ON CLAUSES

Clause 1: Short title

1. This clause specifies the short title of the Bill, if enacted, as the Territories Legislation Amendment Act 2020 (the Act).

Clause 2: Commencement

2. This clause sets out the commencement provisions for the Bill, if enacted, in accordance with the table in subclause 2(1) (the commencement table).

3. Table item 1 provides that sections 1 to 3 of the Act and anything else in the Act not covered elsewhere by the commencement table commence on the day the Bill receives assent.

4. Table item 2 provides that Parts 1 and 2 of Schedule 1 to the Bill commence on the day after the Bill receives assent.

5. Table item 3 provides that Part 3 of Schedule 1 to the Bill commences on a date to be fixed by proclamation. Any such proclamation must not specify a day that occurs before the later of the first day on which no person holds office as a judge of the Supreme Court of Norfolk Island; and the day a state or territory is prescribed by the regulations for the purposes of subsection 60AA(1) of the NI Act. This part deals with the potential future abolition of the Supreme Court of Norfolk Island and it is appropriate that these provisions should only commence when there are no longer any serving judges of that court. This also means that this part will only commence after the conferral of territory jurisdiction on the courts of the prescribed state or territory, and the transfer to these courts of any pending proceedings in the Supreme Court of Norfolk Island, under the provisions of Part 2 of Schedule 1 to the Bill ('Jurisdiction of Norfolk Island courts'). Part 2 of Schedule 1 to the Bill commences on the day after the Bill receives assent (see table item 2).

6. Table item 4 provides that Division 1 of Part 1 of Schedule 2 to the Bill will commence the later of the first Monday to occur 6 months after the Bill receives assent; and 2 August 2021. This division amends a number of Acts administered by ASIC, including the Corporations Act, and the deferred commencement is necessary to enable sufficient time for ASIC to transfer the registration of companies from being under the Norfolk Island Companies Act to being under the Corporations Act.

7. Table item 5 provides that Division 2 of Part 1 of Schedule 2 to the Bill will commence on the day after the Bill receives assent.

8. Table item 6 provides that Part 2 of Schedule 2 to the Bill will commence on the day after the Bill receives assent.

9. Table item 7 provides that Part 3 of Schedule 2 to the Bill will commence the later of immediately after the commencement of the provisions covered by table item 4; and immediately after the commencement of Schedule 2 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2020. These provisions will not commence at all if Schedule 2 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2020 does not commence.

10. Table item 8 provides that Part 1 of Schedule 3 to the Bill will commence the later of the first Monday to occur 6 months after the Bill receives assent; and 2 August 2021. This Part amends the Bankruptcy Act, and the deferred commencement is necessary to enable sufficient time for the AFSA to access the necessary information and records to effectively administer any Norfolk Island bankruptcy transitioned to the Commonwealth bankruptcy system and ensure compliance with requirements to enter information on the National Personal Insolvency Index under the Bankruptcy Act.

11. Table item 9 provides that the provisions of Part 2 and 3 of Schedule 3 to the Bill will commence on a day or days to be fixed by proclamation. However, if any of the provisions of these parts do not commence within 6 months after the Bill receives assent, they commence on the day after the end of that period. These parts amend the FOI Act and the Privacy Act and these commencement arrangements will allow for an orderly transition so that any affected entities can make the necessary arrangements with respect to any new obligations under these Acts.

12. Table item 10 provides that Part 4 of Schedule 3 to the Bill will commence on the day after the Bill receives assent.

13. Table item 11 provides that Part 1 of Schedule 4 to the Bill commences 6 months after the Bill receives assent. This Part amends the Broadcasting Services Act and the deferred commencement is necessary to enable sufficient time to facilitate the transition of the existing Norfolk Island television and radio services from the Norfolk Island Broadcasting Act 2001 (NI) (Norfolk Island Broadcasting Act) to this Act.

14. Table item 12 provides that Part 2 of Schedule 4 to the Bill will commence on the day after the Bill receives assent.

15. Subclause 2(2) provides that any information in column 3 of the table is not part of the Act (once enacted). It also clarifies that information may be inserted in column 3 of the table, or information in it may be edited, in any published version of the Act.

Clause 3: Schedules

16. This clause provides that legislation that is specified in a Schedule to the Act is amended or repealed as set out in the Schedule concerned and any other item in a Schedule to the Act has effect according to its terms.